Jackson, J., dissenting
Garmon, the bedrock case on that issue. The Court’s ruling is likely to cause considerable confusion among the lower courts about what Garmon requires. And any such confusion not only threatens to encroach upon the Board’s prerogatives, as Congress has assigned them, but also risks erosion of the right to strike.
Yet, the posture of this case provides an opportunity to mitigate the results of the majority’s errors. On remand, the state court should dismiss Glacier’s complaint without prejudice or stay its proceedings in view of the General Counsel’s complaint. Meanwhile, the Board—which is not bound by the allegations in Glacier’s complaint when making its assessment, and is well equipped to make findings of fact concerning the strike conduct at issue—should proceed to determine whether Glacier has interfered with strike conduct that is protected by the NLRA, as alleged by the General Counsel.
